Essex, MD asked in Health Care Law for Maryland

Q: If I leave work due to unsafe conditions due to Corvid-19 and have a family member who has cancer, Am I eligible?

My employer doesn't take good percoution to keep our employees safe from Corvid-19 and I'm living with someone who is high risk if I get sick from Covid-19 and I wish to quit because of it. The condition of the essential store I work in hasn't been safe to begin with and has effected my mental health as well.

Related Topics:
1 Lawyer Answer
Joseph D. Allen
Joseph D. Allen
Answered
  • Hunt Valley, MD
  • Licensed in Maryland

A: In normal times, in order to voluntarily resign employment and be eligible for unemployment benefits under Maryland law, an employee has to show the resignation was either: 1. for a "good cause" or, 2. resulting from a detrimental "valid" [change of] work circumstances. So now the employee would need to show that the COVID-19 pandemic was a change in circumstances and/or good cause resignation. This would be in the context of the employee's particular workplace- and likely the reasonableness of the precautions taken by the employer would be a factor.

The CARES Act changes things a bit. https://www.dllr.state.md.us/employment/uicovidfaqs.shtml The guidance they previously gave about quitting for COVID reasons is instructive and helpful, even if not technically being applied in MD yet:

"But if you quit (or want to quit) because of your fear that continuing to work puts you at risk of contracting coronavirus, then your fear must be reasonable and based on the circumstances of your personal health or the health of someone you live with." https://www.dllr.state.md.us/employment/uicaresfaqs.pdf

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.